iGuideClub.com - Terms and Conditions of Use

READ CAREFULLY. This Terms of Use Agreement ("Terms of Use") applies to use of the I Guide Club website located at http://www.iGuideClub.com (the "Site")by all site visitors. The Site is the property of I Guide Club LLC. (together with its affiliated companies). Before you make any purchases of any of our services, you must first establish a customer account ("My Account"). BY CLICKING "I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE," YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE.

Use of any portion of this site signifies your acceptance of all the terms and conditions outlined on the footer of all the pages on our website, please READ CARFULLY.

I Guide Club is an outdoor guide directory and does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website nor the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.

You hereby acknowledge that any reliance upon any information shall be at your sole risk. iGuideClub.com reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service.

You also acknowledge and agree that by using any portion of our site, that you hold I Guide Club LLC, it's employees, owners, offices and affiliates harmless from any loss or letigation arising from the direct use or idirect use of our website services.
I Guide Club reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, I Guide Club grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

1. Content; Copyright and Trademark Notice. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to I Guide Club, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without I Guide Club's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and I Guide Club reserves all rights not expressly granted hereunder. I Guide Club expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

I GUIDE CLUB, is a trademark. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of I Guide Club. All other trademarks or service marks are property of their respective owners. The use of any I Guide Club trademark or service mark without I Guide Club's express written consent is strictly prohibited.

2. Registration; Customer Accounts; Use of Site. Certain services offered on or through the Site require you to first register. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify I Guide Club immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by I Guide Club or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.

You also agree that I Guide Club may, in its sole discretion and without prior notice to you, terminate your access to the Site and your My Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that I Guide Club will not be liable to you or to any third party for termination of your access to the Site.

3. Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

While I Guide Club takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL I GUIDE CLUB OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER I GUIDE CLUB WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

4. Consent To Our Communication With You By E-Mail. By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for I Guide Club to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at optout@iguideclub.com or follow the opt-out procedures set forth in such marketing emails.

5. Digital Downloads.

The foregoing are collectively referred to as the "Standard Usage Rules", and together with any more restrictive usage rules that may be imposed by certain labels and licensors, the "Usage Rules".

Prohibited Uses of Digital Downloads. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with any of the Digital Downloads. You may not play and then redigitize any of the Digital Downloads, or upload those Digital Downloads to the Internet. You may not create any "derivative works" by altering any of the Digital Downloads. You may not use the Digital Downloads in conjunction with any other third-party content (e.g, to provide sound for a film). You may not exploit any Digital Download for any commercial purposes (including the sale of bundled Digital Downloads transferred onto Approved Electronic Devices). You further agree to indemnify and hold harmless I Guide Club for your failure to comply with this section.

6. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, and (b) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.

All guide membership fees and renewal charges are not prorated and are non refundable. To cancel your membership, we must receive your request in writing via email, fax or mail at least one day PRIOR to the renewal day for your account. Please email cancel@iguideclub.com or fax your cancellation request to 503-336-1701 or mail it to: 6700 SW 105th ave., # 220, Beaverton, OR. 97008.

All online booking fees collected by I Guide Club are non refundable. Guide, lodges and outfitters on this site are personally responsible for honoring their bookings and fully responsible for issuing credit to their clients for any cancellations. I Guide Club, LLC cannot and will not issue booking reservation credit as it is only a facilitator for the reservations made.

7. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard and Discover (each of which may be removed by I Guide Club in its sole discretion at any time). Unless expressly set forth on the I Guide Club site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT I GUIDE CLUB, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify I Guide Club of any discrepancies within ten (10) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If I Guide Club does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by I Guide Club or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.

8. Order Acceptance Policy. Your receipt of an electronic email or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. I Guide Club reserves the right at any time after receipt of your order to accept or decline your order for any reason. I Guide Club further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by I Guide Club upon sending you an order confirmation email or performance of services that you have ordered, as indicated by our servers. We may require additional verifications or information before accepting any order.

9. No Responsibility To Sell Mispriced Products Or Services. I Guide Club shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. I Guide Club shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, I Guide Club shall immediately issue a credit to your credit card account in the amount of the charge.

10. Modifications to Prices or Billing Terms. I GUIDE CLUB RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS MEMBERSHIP PRICES, FEES, ADVERTISING RATES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

11.Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. "LIST PRICE" is the suggested retail price provided to you directly by the Guides, Lodges & Resorts listed on our site. We do not markup their prices, nor do we encourage them to do so. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual direct prices in your area may be substantially different. Because we make reservations over the internet on a national basis, it is not possible to know what the list price in any particular location or at any particular time.

12. Service and Support for Goods Sold. All requests for technical service and support should be made directly to us thru our contact us form in accordance with our terms and conditions.

13. Indemnification. You agree to indemnify and hold harmless I Guide Club and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.

14. Advertising. The following rules apply to the purchase of advetising banner or text ad space on our site; PLEASE READ CARFFULLY:
YOU hereto referred to as "The advertiser" warrants and represents to I GUIDE CLUB, LLC hereto reffered to as the "online publisher" that:
(a) You have the right to publish the contents of the advertisement, without infringement of any rights of any third party including, without limitation, intellectual property rights; (b) You have complied with the codes of practice issued by the Advertising Standards Authority in respect of electronic and on-line advertising and all other relevant industry codes of practice; (c) You will be fully responsible for the terms (including, without limitation, product description, price and compliance with all applicable laws and regulations) of any contract for the sale of goods or services to customers who have seen the advert displayed by the online publisher; (d)The advertiser agrees to indemnify I Guide Club, LLC and it's affiliates, owners, employees and officers on demand and hold the online publisher harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the online publisher in connection with any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the advertisement and/or any material of the advertiser to which users can link through the advertisement and any other contract entered into for the purchase of the advertised goods or services; (e)You,The advertiser, will defend or settle at your own expense any action or other proceedings brought against the I Guide Club LLC, the online publisher, that relates to the advertisement and/or any material of the advertiser to which users can link through the advertisement. The online publisher shall notify the advertiser promptly of any such claim and shall permit the advertiser to assume and control the defence of such action with Counsel chosen by the advertiser (who shall be reasonably acceptable to the online publisher) and shall not enter into any settlement or compromise of any such claim without the advertiser's prior written consent. The advertiser shall pay any and all proper costs, damages and expenses (including but not limited to reasonable legal fees and costs) awarded against or incurred by the online publisher in any such action or proceedings; (f) I Guide Club, The online publisher, reserves the right to re-design parts of or the entire website as detailed in the insertion order and to re-position advertising and sponsorship accordingly without prior notice; (g) Optimised web pages containing your company name and information may be submitted to search engines at no cost to you; (h) Positioning of advertisements is at the sole discretion of the marketing department at I Guide Club in order to maximize exposure to your banner. except where a request for a specific preferred position is acknowledged by us in writing; (i)In the event that the ad space ordered is not available, I Guide Club will give you the option of upgrading your ad space value, or putting your banner in a waiting list rotation at no cost to you. You agree that your ad will be posted at that ad location when the next spot is free. There will be abolutely no refunds of advertising banner locations for any reason. All Sales are final. (j)I Guide Club will not be liable for delays in delivery and/or non-delivery in the event of any situation beyond the control of iguideClub.com.

15. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF I GUIDE CLUB'S SERVICES ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, I GUIDE CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE I GUIDE CLUB SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

16. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL I GUIDE CLUB OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE I GUIDE CLUB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE I GUIDE CLUB SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF I GUIDE CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT I GUIDE CLUB SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO I GUIDE CLUB BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF I GUIDE CLUB. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

17. Policy to Terminate Privileges for Copyright Infringement. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), I Guide Club Inc. will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the I Guide Club and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, I Guide Club will terminate the infringing customer's account. I Guide Club may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), I Guide Club has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. I Guide Club respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the I Guide Club.com website, please contact "Legal Department", via facsimile at (503) 336-1701, or mail at: legal@iguideclub.com

Attn: Legal Department, I Guide Club LLC, 6700 SW 105th Ave, # 220, Beaverton, Oregon 97008

Any written notice describing the infringing activity must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed; A description of the allegedly infringing work or material; A description of where the allegedly infringing material is located on the site; Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address; A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed. 18. Additional Terms. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:

Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

18. General. No delay or failure to take action under this Terms of Use shall constitute any waiver by I Guide Club of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of I Guide Club's permitted successors and assigns. One or more patents may apply to this Web site, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. This Terms of Use shall be governed by the laws of the State of California without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Washington County, in the State of Oregon. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. I Guide Club may freely assign this Terms of Use without consent or notice. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between I Guide Club and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

The invalidity, illegality or unenforceability of any provision of these terms and conditions shall not affect or impact the continuation in force of the remainder of these terms and conditions.

Last modified: December 1st, 2007